Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Case Law
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When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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West Virginia | See generally §59-1-1 to §59-1-39. W. Va. Code §59-1-14. |
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other + See morelaw enforcement agencies?
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The Court, Clerk of Court, Sheriff and Probation Dept can collect fines. Most fines and fees go into the general revenue fund (either state or county), but the West + See moreVirginia Deputy Sheriff Retirement Fundt fund receives a small amount from certain collections (see §59-1-14).
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Revenue flow | |
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Georgia | Lawson v. City of Moultrie, 194 Ga. 699 (1942) | Does the states separation of powers doctrine limit the ability of courts to impose or collect revenue? |
No, Statute authorizing counties and municipal corporations to construct revenue producing undertakings, and in anticipation of the collection of revenue therefrom to issue certificates payable solely from such revenue, does + See morenot violate constitutional provision limiting the powers of counties and municipalities in relation to contracting debts
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neither the act nor the ordinance violates the constitutional provision above referred to. | Revenue flow |